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(영문) 수원지방법원 안산지원 2020.04.23 2020고단693
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine for the same crime from the same support on December 20, 2012.

On January 5, 2020, at around 01:35, the Defendant driven a fwing-III cargo vehicle with a blood alcohol concentration of 0.169% under the influence of alcohol at approximately 200 meters from the road near the starting point of “C”, located in Silung City B, to the front distance of E in Silung City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Notification of the results of the drinking driving control, and notice of correction completion;

1. Each photograph;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty: Selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., taking into account the favorable circumstances, such as the fact that the same career has been relatively long and there exists no record of punishment exceeding

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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